Every farmer and landowner should be very afraid of the Iowa Utilities Board. On March 9, 2022, Governor Kim Reynolds gave a speech in which she said, “As long as I am governor, Iowa is going to be a state where you can live your life freely, where you don’t have to wake up in the morning and worry about the next thing that the government is going to do to you, your business, or your children.” Apparently that does not apply to landowners if a private company wants to build a pipeline for private profit.
The Iowa Utilities Board stretched the laws of Iowa, to give Dakota Access Pipeline the power of eminent domain in 2016. Even though the pipeline did not collect any crude oil in Iowa or deliver any crude oil to refineries in Iowa, the Iowa Utilities Board invented the term “aggregate economic benefit” to justify giving the Dakota Access Pipeline the power of eminent domain. The Iowa Utilities Board opened Pandora’s Box by giving a private company the power of eminent domain. Summit Carbon Solutions, Navigator, and ADM-Wolf have all started the process to obtain construction permits and the power of eminent domain from the Iowa Utilities Board. These are all private companies seeking private profits. If the Iowa Utilities Board gives these companies the power of eminent domain, there will be a flood of pipeline permit applications and no farmer or landowner will be safe from the Iowa Utilities Board. The Iowa Utilities Board will be taking private property from one private citizen and giving it to another private citizen whenever it believes the latter would put it to better use.
I am a farmer and landowner in the path of the Summit Carbon Solutions Hazardous Liquid CO2 pipeline. The Hazardous Liquid CO2 pipelines have unique safety concerns. Natural gas pipelines operate at about 900 pounds per square inch pressure. The Hazardous Liquid CO2 pipelines will be operated at a pressure of 2100 pounds per square inch. The engineering requirements increase exponentially when you go from 900 psi to 2100 psi. CO2 is an asphyxiant. CO2 is heavier than air and it can flow to low lying areas. If there is a leak or rupture, every living thing within 1300 feet will be dead in less than 4 minutes. There are currently no minimum set back requirements for Hazardous Liquid CO2 pipelines. I have talked with a couple from eastern Iowa, that the Navigator pipeline will be 50 feet from their front door.
If I drive a loaded combine or if I drive a loaded grain cart across the Hazardous Liquid CO2 pipeline and then there is a leak or rupture, I am sure the pipeline company will sue me for damages and business interruption profit losses. I contacted my insurance company to inquire if my liability insurance policy would protect me. My local agent contacted the underwriters in West Des Moines. After almost three weeks he got a reply from the underwriters. The reply was, “We will determine if you are covered at the time of the claim.” I got a similar answer from another insurance company. My conclusion is that the insurance companies will not protect me and I could end up losing the farm if there is a lawsuit against me.
I have been told that Summit Carbon Solutions has added a section to their easement documents, where they assume all current and future liability. I am skeptical that this would preclude me from having to hire an attorney to protect myself. The easement documents that they are asking landowners to sign have a section where they can sell, lease, or mortgage the easement. Many pipelines are sold after the construction phase has been concluded. I believe that a future buyer will make sure the purchase agreement does not include the section where they assume all current and future liability.
Helping the ethanol industry and saving the planet are false flags and public relations spin. According to Daniel Sanchez, an engineering professor at the University of California-Berkley, “If all of the ethanol generated carbon dioxide were stashed underground, it would shave about 1 percent from the total transportation emissions nationwide.”
Over 90 percent of the CO2 collected in the United States is used for enhanced oil recovery. Enhanced oil recovery is the “politically correct” term for fracking. Summit Carbon Solutions plans to gather CO2 from ethanol plants in the Midwest, pump it to North Dakota, and sell it to oil companies to be used for fracking. That oil will then be refined to burn in cars, trucks, and other engines that will produce CO2 and other noxious gases. Summit Carbon Solutions will deny that they are planning to sell CO2 to oil companies for enhanced oil recovery.
However, Bruce Rastetter, the man behind Summit Carbon Solutions, did an interview with the Bismark ND Tribune and it was picked up by the Associated Press. Bruce Rastetter stated that Summit Carbon Solutions is exploring injecting the CO2 into depleted oil fields to boost oil production. He also stated that Summit’s project would not be economically viable without 45Q Federal income tax credits which bolster enhanced oil recovery.
Summit Carbon Solutions claims that their Hazardous Liquid CO2 pipeline will help ethanol plants improve their carbon score and then they will be able to sell ethanol in California. California has made a commitment to transition from internal combustion engine vehicles to 100 percent electric vehicles by 2035. There will be no increased demand for ethanol in California.
In March of 2020, Archer Daniels Midland issued a report. The report stated that 70 percent of their carbon score is attributed to using electricity that is generated from coal. The actual production of ethanol is not the culprit.
There are many reasons to be concerned about the construction of Hazardous Liquid CO2 pipelines across Iowa. Every Farmer and Landowner should be worried about what Iowa will look like if the Iowa Utilities Board continues to grant the power of eminent domain to private companies seeking private profits.
Dan Tronchetti, Paton, IA
Paton, IA
